[Congressional Record Volume 168, Number 158 (Thursday, September 29, 2022)]
[Senate]
[Pages S5921-S5925]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 6398. Ms. KLOBUCHAR submitted an amendment intended to be proposed
to amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe)
and intended to be proposed to the bill H.R. 7900, to authorize
appropriations for fiscal year 2023 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the end, add the following:
DIVISION E--ELECTORAL COUNT REFORM AND PRESIDENTIAL TRANSITION
IMPROVEMENT
SEC. 1. SHORT TITLE, ETC.
(a) Short Title.--This division may be cited as the
``Electoral Count Reform and Presidential Transition
Improvement Act of 2022''.
(b) Table of Contents.--The table of contents of this
division is as follows:
Sec. 1. Short title, etc.
TITLE I--ELECTORAL COUNT REFORM ACT
Sec. 101. Short title.
Sec. 102. Time for appointing electors.
Sec. 103. Clarification with respect to vacancies in electoral college.
Sec. 104. Certificate of ascertainment of appointment of electors.
[[Page S5922]]
Sec. 105. Duties of the Archivist.
Sec. 106. Meeting of electors.
Sec. 107. Transmission of certificates of votes.
Sec. 108. Failure of certificate of votes to reach recipients.
Sec. 109. Clarifications relating to counting electoral votes.
Sec. 110. Rules relating to joint meeting.
Sec. 111. Severability.
TITLE II--PRESIDENTIAL TRANSITION IMPROVEMENT ACT
Sec. 201. Short title.
Sec. 202. Modifications to Presidential Transition Act of 1963.
TITLE I--ELECTORAL COUNT REFORM ACT
SEC. 101. SHORT TITLE.
This title may be cited as the ``Electoral Count Reform Act
of 2022''.
SEC. 102. TIME FOR APPOINTING ELECTORS.
(a) In General.--Title 3, United States Code, is amended by
striking sections 1 and 2 and inserting the following:
``Sec. 1. Time of appointing electors
``The electors of President and Vice President shall be
appointed, in each State, on election day, in accordance with
the laws of the State enacted prior to election day.''.
(b) Election Day.--Section 21 of title 3, United States
Code, is amended by redesignating subsections (a) and (b) as
paragraphs (2) and (3), respectively, and by inserting before
paragraph (2) (as so redesignated) the following:
``(1) `election day' means the Tuesday next after the first
Monday in November, in every fourth year succeeding every
election of a President and Vice President held in each
State, except, in the case of a State that appoints electors
by popular vote, if the State modifies the period of voting,
as necessitated by force majeure events that are
extraordinary and catastrophic, as provided under laws of the
State enacted prior to such day, `election day' shall include
the modified period of voting.''.
(c) Conforming Amendment.--The table of contents for
chapter 1 of title 3, United States Code, is amended by
striking the item relating to section 1 and inserting the
following:
``1. Time of appointing electors.''.
SEC. 103. CLARIFICATION WITH RESPECT TO VACANCIES IN
ELECTORAL COLLEGE.
Section 4 of title 3, United States Code, is amended by
inserting ``enacted prior to election day'' after ``by law''.
SEC. 104. CERTIFICATE OF ASCERTAINMENT OF APPOINTMENT OF
ELECTORS.
(a) Determination.--Section 5 of title 3, United States
Code, is amended to read as follows:
``Sec. 5. Certificate of ascertainment of appointment of
electors
``(a) In General.--
``(1) Certification.--Not later than the date that is 6
days before the time fixed for the meeting of the electors,
the executive of each State shall issue a certificate of
ascertainment of appointment of electors, under and in
pursuance of the laws of such State providing for such
appointment and ascertainment enacted prior to election day.
``(2) Form of certificate.--Each certificate of
ascertainment of appointment of electors shall--
``(A) set forth the names of the electors appointed and the
canvass or other determination under the laws of such State
of the number of votes given or cast for each person for
whose appointment any and all votes have been given or cast;
``(B) bear the seal of the State; and
``(C) contain at least one security feature, as determined
by the State, for purposes of verifying the authenticity of
such certificate.
``(b) Transmission.--It shall be the duty of the executive
of each State--
``(1) to transmit to the Archivist of the United States,
immediately after the issuance of the certificate of
ascertainment of appointment of electors and by the most
expeditious method available, such certificate of
ascertainment of appointment of electors; and
``(2) to transmit to the electors of such State, on or
before the day on which the electors are required to meet
under section 7, six duplicate-originals of the same
certificate.
``(c) Treatment of Certificate as Conclusive.--For purposes
of section 15:
``(1) In general.--
``(A) Initial certificate.--Except as provided in
subparagraph (B), the certificate of ascertainment of
appointment of electors issued pursuant to subsection (a)(1)
shall be treated as conclusive in Congress with respect to
the determination of electors appointed by the State.
``(B) Certificates issued pursuant to court orders.--Any
certificate of ascertainment of appointment of electors
required to be issued or revised by any State or Federal
judicial relief granted prior to the date of the meeting of
electors shall replace and supersede any other certificates
submitted pursuant to this section.
``(2) Determination of federal questions.--The
determination of Federal courts on questions arising under
the Constitution or laws of the United States with respect to
a certificate of ascertainment of appointment of electors
shall be conclusive in Congress.
``(d) Venue and Expedited Procedure.--
``(1) In general.--Any action brought by an aggrieved
candidate for President or Vice President that arises under
the Constitution or laws of the United States with respect to
the issuance of the certification required under section
(a)(1), or the transmission of such certification as required
under subsection (b), shall be subject to the following
rules:
``(A) Venue.--The venue for such action shall be the
Federal district court of the Federal district in which the
State capital is located.
``(B) 3-judge panel.--Such action shall be heard by a
district court of three judges, convened pursuant to section
2284 of title 28, United States Code, except that--
``(i) the court shall be comprised of two judges of the
circuit court of appeals in which the district court lies and
one judge of the district court in which the action is
brought; and
``(ii) section 2284(b)(2) of such title shall not apply.
``(C) Expedited procedure.--It shall be the duty of the
court to advance on the docket and to expedite to the
greatest possible extent the disposition of the action,
consistent with all other relevant deadlines established by
this chapter and the laws of the United States.
``(D) Appeals.--Notwithstanding section 1253 of title 28,
United States Code, the final judgment of the panel convened
under subparagraph (B) may be reviewed directly by the
Supreme Court, by writ of certiorari granted upon petition of
any party to the case, on an expedited basis, so that a final
order of the court on remand of the Supreme Court may occur
on or before the day before the time fixed for the meeting of
electors.
``(2) Rule of construction.--This subsection--
``(A) shall be construed solely to establish venue and
expedited procedures in any action brought by an aggrieved
candidate for President or Vice President as specified in
this subsection that arises under the Constitution or laws of
the United States; and
``(B) shall not be construed to preempt or displace any
existing State or Federal cause of action.''.
(b) Executive of a State.--Section 21 of title 3, United
States Code, as amended by section 102(b), is amended by
striking paragraph (3) and inserting the following:
``(3) `executive' means, with respect to any State, the
Governor of the State (or, in the case of the District of
Columbia, the Mayor of the District of Columbia), except when
the laws or constitution of a State in effect as of election
day expressly require a different State executive to perform
the duties identified under this chapter.''.
(c) Conforming Amendments.--
(1) Section 9 of title 3, United States Code, is amended by
striking ``annex to each of the certificates one of the lists
of the electors'' and inserting ``annex to each of the
certificates of votes one of the certificates of
ascertainment of appointment of electors''.
(2) The table of contents for chapter 1 of title 3, United
States Code, is amended by striking the items relating to
sections 5 inserting the following:
``5. Certificate of ascertainment of appointment of electors.''.
SEC. 105. DUTIES OF THE ARCHIVIST.
(a) In General.--Section 6 of title 3, United States Code,
is amended to read as follows:
``Sec. 6. Duties of Archivist
``The certificates of ascertainment of appointment of
electors received by the Archivist of the United States under
section 5 shall--
``(1) be preserved for one year;
``(2) be a part of the public records of such office; and
``(3) be open to public inspection.''.
(b) Conforming Amendment.--The table of contents for
chapter 1 of title 3, United States Code, is amended by
striking the items relating to section 6 and inserting the
following:
``6. Duties of Archivist.''.
SEC. 106. MEETING OF ELECTORS.
(a) Time for Meeting.--Section 7 of title 3, United States
Code, is amended--
(1) by striking ``Monday'' and inserting ``Tuesday''; and
(2) by striking ``as the legislature of such State shall
direct'' and inserting ``in accordance with the laws of the
State enacted prior to election day''.
(b) Clarification on Sealing of Certificates of Votes.--
Section 10 of such title is amended by striking ``the
certificates so made by them'' and inserting ``the
certificates of votes so made by them, together with the
annexed certificates of ascertainment of appointment of
electors,''.
SEC. 107. TRANSMISSION OF CERTIFICATES OF VOTES.
(a) In General.--Section 11 of title 3, United States Code,
is amended to read as follows:
``Sec. 11. Transmission of certificates by electors
``The electors shall immediately transmit at the same time
and by the most expeditious method available the certificates
of votes so made by them, together with the annexed
certificates of ascertainment of appointment of electors, as
follows:
``(1) One set shall be sent to the President of the Senate
at the seat of government.
``(2) Two sets shall be sent to the chief election officer
of the State, one of which shall be held subject to the order
of the President of the Senate, the other to be preserved by
such official for one year and shall be a part of the public
records of such office and shall be open to public
inspection.
[[Page S5923]]
``(3) Two sets shall be sent to the Archivist of the United
States at the seat of government, one of which shall be held
subject to the order of the President of the Senate and the
other of which shall be preserved by the Archivist of the
United States for one year and shall be a part of the public
records of such office and shall be open to public
inspection.
``(4) One set shall be sent to the judge of the district in
which the electors shall have assembled.''.
(b) Conforming Amendment.--The table of contents for
chapter 1 of title 3, United States Code, is amended by
striking the item relating to section 11 and inserting the
following:
``11. Transmission of certificates by electors.''.
SEC. 108. FAILURE OF CERTIFICATE OF VOTES TO REACH
RECIPIENTS.
(a) In General.--Section 12 of title 3, United States Code,
is amended--
(1) by inserting ``, after the meeting of the electors
shall have been held,'' after ``When'';
(2) by striking ``in December, after the meeting of the
electors shall have been held,'' and inserting ``in
December,'';
(3) by striking ``or, if he be absent'' and inserting ``or,
if the President of the Senate be absent'';
(4) by striking ``secretary of State'' and insert ``chief
election officer of the State'';
(5) by striking ``and list'';
(6) by striking ``lodged with him'' and inserting ``lodged
with such officer'';
(7) by striking ``his duty'' and inserting ``the duty of
such chief election officer of the State''; and
(8) by striking ``by registered mail'' and inserting ``by
the most expeditious method available''.
(b) Continued Failure.--Section 13 of title 3, United
States Code, is amended--
(1) by inserting ``, after the meeting of the electors
shall have been held,'' after ``When'';
(2) by striking ``in December, after the meeting of the
electors shall have been held,'' and inserting ``in
December,'';
(3) by striking ``or, if he be absent'' and inserting ``or,
if the President of the Senate be absent''; and
(4) by striking ``that list'' and inserting ``that
certificate''.
(c) Elimination of Messenger's Penalty.--
(1) In general.--Title 3, United States Code, is amended by
striking section 14.
(2) Conforming amendment.--The table of contents for
chapter 1 of title 3, United States Code, is amended by
striking the item relating to section 14.
SEC. 109. CLARIFICATIONS RELATING TO COUNTING ELECTORAL
VOTES.
(a) In General.--Section 15 of title 3, United States Code,
is amended to read as follows:
``Sec. 15. Counting electoral votes in Congress
``(a) In General.--Congress shall be in session on the
sixth day of January succeeding every meeting of the
electors. The Senate and House of Representatives shall meet
in the Hall of the House of Representatives at the hour of 1
o'clock in the afternoon on that day, and the President of
the Senate shall be their presiding officer.
``(b) Powers of the President of Senate.--
``(1) Ministerial in nature.--Except as otherwise provided
in this chapter, the role of the President of the Senate
while presiding over the joint meeting shall be limited to
performing solely ministerial duties.
``(2) Powers explicitly denied.--The President of the
Senate shall have no power to solely determine, accept,
reject, or otherwise adjudicate or resolve disputes over the
proper list of electors, the validity of electors, or the
votes of electors.
``(c) Appointment of Tellers.--At the joint meeting of the
Senate and House of Representatives described in subsection
(a), there shall be present two tellers previously appointed
on the part of the Senate and two tellers previously
appointed on the part of the House of Representatives by the
presiding officers of the respective chambers.
``(d) Procedure at Joint Meeting Generally.--
``(1) In general.--The President of the Senate shall--
``(A) open the certificates and papers purporting to be
certificates of the votes of electors appointed pursuant to a
certificate of ascertainment of appointment of electors
issued pursuant to section 5, in the alphabetical order of
the States, beginning with the letter A; and
``(B) upon opening any certificate, hand the certificate
and any accompanying papers to the tellers, who shall read
the same in the presence and hearing of the two Houses.
``(2) Action on certificate.--
``(A) In general.--Upon the reading of each certificate or
paper, the President of the Senate shall call for objections,
if any.
``(B) Requirements for objections.--
``(i) Objections.--No objection shall be in order unless
the objection--
``(I) is made in writing;
``(II) is signed by at least one-fifth of the Senators duly
chosen and sworn and one-fifth of the Members of the House of
Representatives duly chosen and sworn; and
``(III) states clearly and concisely, without argument, one
of the grounds listed under clause (ii).
``(ii) Grounds for objections.--The only grounds for
objections shall be as follows:
``(I) The electors of the State were not lawfully certified
under a certificate of ascertainment of appointment of
electors according to section 5(a)(1).
``(II) The vote of one or more electors has not been
regularly given.
``(C) Consideration of objections.--
``(i) In general.--When all objections so made to any vote
or paper from a State shall have been received and read, the
Senate shall thereupon withdraw, and such objections shall be
submitted to the Senate for its decision; and the Speaker of
the House of Representatives shall, in like manner, submit
such objections to the House of Representatives for its
decision.
``(ii) Determination.--No objection may be sustained unless
such objection is sustained by separate concurring votes of
each House.
``(D) Reconvening.--When the two Houses have voted, they
shall immediately again meet, and the presiding officer shall
then announce the decision of the questions submitted. No
votes or papers from any other State shall be acted upon
until the objections previously made to the votes or papers
from any State shall have been finally disposed of.
``(e) Rules for Tabulating Votes.--
``(1) Counting of votes.--
``(A) In general.--Except as provided in subparagraph (B)--
``(i) only the votes of electors who have been appointed
under a certificate of ascertainment of appointment of
electors issued pursuant to section 5, or who have legally
been appointed to fill a vacancy of any such elector pursuant
to section 4, may be counted; and
``(ii) no vote of an elector described in clause (i) which
has been regularly given shall be rejected.
``(B) Exception.--The vote of an elector who has been
appointed under a certificate of ascertainment of appointment
of electors issued pursuant to section 5 shall not be counted
if--
``(i) there is an objection which meets the requirements of
subsection (d)(2)(B)(i); and
``(ii) each House affirmatively sustains the objection as
valid.
``(2) Determination of majority.--If the number of electors
lawfully appointed by any State pursuant to a certificate of
ascertainment of appointment of electors that is issued under
section 5 is fewer than the number of electors to which the
State is entitled under section 3, or if an objection the
grounds for which are described in subsection
(d)(2)(B)(ii)(I) has been sustained, the total number of
electors appointed for the purpose of determining a majority
of the whole number of electors appointed as required by the
Twelfth Amendment to the Constitution shall be reduced by the
number of electors whom the State has failed to appoint or as
to whom the objection was sustained.
``(3) List of votes by tellers; declaration of winner.--The
tellers shall make a list of the votes as they shall appear
from the said certificates; and the votes having been
ascertained and counted according to the rules in this
subchapter provided, the result of the same shall be
delivered to the President of the Senate, who shall thereupon
announce the state of the vote, which announcement shall be
deemed a sufficient declaration of the persons, if any,
elected President and Vice President of the United States,
and, together with a list of the votes, be entered on the
Journals of the two Houses.''.
(b) Conforming Amendment.--The table of contents for
chapter 1 of title 3, United States Code, is amended by
striking the item relating to section 15 and inserting the
following:
``15. Counting electoral votes in Congress.''.
SEC. 110. RULES RELATING TO JOINT MEETING.
(a) Limit of Debate in Each House.--Section 17 of title 3,
United States Code, is amended to read as follows:
``Sec. 17. Same; limit of debate in each House
``When the two Houses separate to decide upon an objection
pursuant to section 15(d)(2)(C)(i) that may have been made to
the counting of any electoral vote or votes from any State,
or other question arising in the matter--
``(1) all such objections and questions permitted with
respect to such State shall be considered at such time;
``(2) each Senator and Representative may speak to such
objections or questions five minutes, and not more than once;
``(3) the total time for debate for all such objections and
questions with respect to such State shall not exceed two
hours in each House; and
``(4) at the close of such debate, it shall be the duty of
the presiding officer of each House to put the objections and
questions to a vote without further debate.''.
(b) Parliamentary Procedure.--Section 18 of title 3, United
States Code, is amended by inserting ``under section
15(d)(2)(C)(i)'' after ``motion to withdraw''.
SEC. 111. SEVERABILITY.
(a) In General.--Title 3, United States Code, is amended by
inserting after section 21 the following new section:
``Sec. 22. Severability
``If any provision of this chapter, or the application of a
provision to any person or circumstance, is held to be
unconstitutional, the remainder of this chapter, and the
application of the provisions to any person or circumstance,
shall not be affected by the holding.''.
(b) Conforming Amendment.--The table of contents for
chapter 1 of title 3, United
[[Page S5924]]
States Code, is amended by adding at the end the following:
``22. Severability.''.
TITLE II--PRESIDENTIAL TRANSITION IMPROVEMENT ACT
SEC. 201. SHORT TITLE.
This title may be cited as ``Presidential Transition
Improvement Act''.
SEC. 202. MODIFICATIONS TO PRESIDENTIAL TRANSITION ACT OF
1963.
(a) In General.--Section 3 of the Presidential Transition
Act of 1963 (3 U.S.C. 102 note) is amended by striking
subsection (c) and inserting the following:
``(c)(1) Apparent Successful Candidates.--
``(A) In general.--For purposes of this Act, the `apparent
successful candidate' for the office of President and Vice
President, respectively, shall be determined as follows:
``(i) If all but one eligible candidate for the office of
President and one eligible candidate for the office of Vice
President, respectively, concede the election, then the
candidate for each such office who has not conceded shall be
the apparent successful candidate for each such office.
``(ii) If, on the date that is 5 days after the date of the
election, more than one eligible candidate for the office of
President has not conceded the election, then each of the
remaining eligible candidates for such office and the office
of Vice President who have not conceded shall be treated as
the apparent successful candidates until such time as a
single candidate for the office of President is treated as
the apparent successful candidate pursuant to clause (iii) or
clause (iv).
``(iii) If a single candidate for the office of President
or Vice President is determined by the Administrator to meet
the qualifications under subparagraph (B), the Administrator
may determine that such candidate shall solely be treated as
the apparent successful candidate for that office until such
time as a single candidate for the office of President is
treated as the apparent successful candidate pursuant to
clause (iv).
``(iv) If a single candidate for the office of President or
Vice President is the apparent successful candidate for such
office under subparagraph (C), that candidate shall solely be
treated as the apparent successful candidate for that office.
``(B) Interim discretionary qualifications.--On or after
the date that is 5 days after the date of the election, the
Administrator may determine that a single candidate for the
office of President or Vice President shall be treated as the
sole apparent successful candidate for that office pursuant
to subparagraph (A)(iii) if it is substantially certain the
candidate will receive a majority of the pledged votes of
electors, based on consideration of the following factors:
``(i) The results of the election for such office in States
in which significant legal challenges that could alter the
outcome of the election in the State have been substantially
resolved, such that the outcome is substantially certain.
``(ii) The certified results of the election for such
office in States in which the certification is complete.
``(iii) The results of the election for such office in
States in which there is substantial certainty of an apparent
successful candidate based on the totality of the
circumstances.
``(C) Mandatory qualifications.--
``(i) In general.--Notwithstanding subparagraph (A) or (B),
a candidate shall be the sole apparent successful candidate
for the office of President or Vice President pursuant to
subparagraph (A)(iv) for purposes of this Act if--
``(I) the candidate receives a majority of pledged votes of
electors of such office based on certifications by States of
their final canvass, and the conclusion of any recounts,
legal actions, or administrative actions pertaining to the
results of the election for such office;
``(II) in the case where subclause (I) is not met, the
candidate receives a majority of votes of electors of such
office at the meeting and vote of electors under section 7 of
title 3, United States Code; or
``(III) in the case where neither subclause (I) or (II) is
met, the candidate is declared as the person elected to such
office at the joint session of Congress under section 15 of
title 3, United States Code.
``(ii) Clarification if state unable to certify election
results or appoints more than one slate of electors.--For
purposes of subclauses (I) and (II) of clause (i), if a State
is unable to certify its election results or a State appoints
more than one slate of electors, the votes of the electors of
such State shall not count towards meeting the qualifications
under such subclauses.
``(2) Period of Multiple Possible Apparent Successful
Candidates.--During any period in which there is more than
one possible apparent successful candidate for the office of
President--
``(A) the Administrator is authorized to provide, upon
request, to each remaining eligible candidate for such office
and the office of Vice President described in paragraph
(1)(A)(ii) access to services and facilities pursuant to this
Act;
``(B) the Administrator, in conjunction with the Federal
Transition Coordinator designated under section 4(c) and the
senior career employee of each agency and senior career
employee of each major component and subcomponent of each
agency designated under subsection (f)(1) to oversee and
implement the activities of the agency, component, or
subcomponent relating to the Presidential transition, shall
make efforts to ensure that each such candidate is provided
equal access to agency information and spaces as requested
pursuant to this Act;
``(C) the Administrator shall provide weekly reports to
Congress containing a brief summary of the status of funds
being distributed to such candidates under this Act, the
level of access to agency information and spaces provided to
such candidates, and the status of such candidates with
respect to meeting the qualifications to be the apparent
successful candidate for the office of President or Vice
President under subparagraph (B) or (C) of paragraph (1); and
``(D) if a single candidate for the office of President or
Vice President is treated as the apparent successful
candidate for such office pursuant to subparagraph (A)(iii)
or (A)(iv) of paragraph (1), not later than 24 hours after
such treatment is effective, the Administrator shall make
available to the public a written statement that such
candidate is treated as the sole apparent successful
candidate for such office for purposes of this Act, including
a description of the legal basis and reasons for such
treatment based on the qualifications under subparagraph (B)
or (C) of paragraph (1), as applicable.
``(3) Definition.--In this subsection, the term `eligible
candidate' has the meaning given that term in subsection
(h)(4).''.
(b) Conforming Amendments.--The Presidential Transition Act
of 1963 (3 U.S.C. 102 note) is amended--
(1) in section 3--
(A) in the heading, by striking ``presidents-elect and
vice-presidents-elect'' and inserting ``apparent successful
candidates'';
(B) in subsection (a)--
(i) in the matter preceding paragraph (1)--
(I) by striking ``each President-elect, each Vice-
President-elect'' and inserting ``each apparent successful
candidate for the office of President and Vice President (as
determined by subsection (c))''; and
(II) by striking ``the President-elect and Vice-President-
elect'' and inserting ``each such candidate'';
(ii) in paragraph (1)--
(I) by striking ``the President-elect, the Vice-President-
elect'' and inserting ``the apparent successful candidate'';
and
(II) by striking ``the President-elect or Vice-President-
elect'' and inserting ``the apparent successful candidate'';
(iii) in paragraphs (2), (3), (4), and (5), by striking
``the President-elect or Vice-President-elect'' each place it
appears and inserting ``the apparent successful candidate'';
(iv) in paragraph (4)(B), by striking ``the President-
elect, the Vice-President-elect, or the designee of the
President-elect or Vice-President-elect'' and inserting ``the
apparent successful candidate or their designee'';
(v) in paragraph (8), in subparagraph (A)(v) and (B), by
striking ``the President-elect'' and inserting ``the apparent
successful candidate for the office of President''; and
(vi) in paragraph (10)--
(I) by striking ``any President-elect, Vice-President-
elect, or eligible candidate'' and inserting ``any apparent
successful candidate or eligible candidate''; and
(II) by striking ``the President-elect and Vice President-
elect'' and inserting ``the apparent successful candidates'';
(C) in subsection (b)--
(i) in paragraph (1), by striking ``the President-elect or
Vice-President-elect, or after the inauguration of the
President-elect as President and the inauguration of the
Vice-President-elect as Vice President'' and inserting ``the
apparent successful candidates, or after the inauguration of
the apparent successful candidate for the office of President
as President and the inauguration of the apparent successful
candidate for the office of Vice President as Vice
President''; and
(ii) in paragraph (2), by striking ``the President-elect,
Vice-President-elect'' and inserting ``the apparent
successful candidate'';
(D) in subsection (d)--
(i) in the first sentence, by striking ``Each President-
elect'' and inserting ``Each apparent successful candidate
for the office of President''; and
(ii) in the second sentence, by striking ``Each Vice-
President-elect'' and inserting ``Each apparent successful
candidate for the office of Vice-President'';
(E) in subsection (e)--
(i) in the first sentence, by striking ``Each President-
elect and Vice-President-elect'' and inserting ``Each
apparent successful candidate''; and
(ii) in the second sentence, by striking ``any President-
elect or Vice-President-elect may be made upon the basis of a
certificate by him or the assistant designated by him'' and
inserting ``any apparent successful candidate may be made
upon the basis of a certificate by the candidate or their
designee'';
(F) in subsection (f)--
(i) in paragraph (1), by striking ``The President-elect''
and inserting ``Any apparent successful candidate for the
office of President''; and
(ii) in paragraph (2), by striking ``inauguration of the
President-elect as President and the inauguration of the
Vice-President-elect as Vice President'' and inserting
``inauguration of the apparent successful candidate for the
office of President as President and the inauguration of the
apparent successful candidate for the office of Vice
President as Vice President'';
[[Page S5925]]
(G) in subsection (g), by striking ``In the case where the
President-elect is the incumbent President or in the case
where the Vice-President-elect is the incumbent Vice
President'' and inserting ``In the case where an apparent
successful candidate for the office of President is the
incumbent President or in the case where an apparent
successful candidate for the office of Vice President is the
incumbent Vice President'';
(H) in subsection (h)--
(i) in paragraph (2)(B)(iv), by striking ``the President-
elect or Vice-President-elect'' and inserting ``an apparent
successful candidates''; and
(ii) in paragraph (3)(B)(iii), by striking ``the President-
elect or Vice-President-elect'' and inserting ``an apparent
successful candidates''; and
(I) in subsection (i)(3)(C)--
(i) in clause (i), by striking ``the inauguration of the
President-elect as President and the inauguration of the
Vice-President-elect as Vice President'' and inserting ``the
inauguration of the apparent successful candidate for the
office of President as President and the inauguration of the
apparent successful candidate for the office of Vice
President as Vice President''; and
(ii) in clause (ii), by striking ``upon request of the
President-elect or the Vice-President-elect'' and inserting
``upon request of the apparent successful candidate'';
(2) in section 4--
(A) in subsection (e)--
(i) in paragraph (1)(B), by striking ``the President-elect
and Vice-President-elect'' and inserting ``the apparent
successful candidates (as determined by section 3(c))''; and
(ii) in paragraph (4)(B), by striking ``the President-elect
is inaugurated'' and inserting ``the apparent successful
candidate for the office of President is inaugurated''; and
(B) in subsection (g)--
(i) in paragraph (3)(A), by striking ``the President-
elect'' and inserting ``the apparent successful candidate for
the office of President''; and
(ii) in paragraph (3)(B)(ii)(III), by striking ``the
President-elect'' and inserting ``the apparent successful
candidate for the office of President'';
(3) in section 5, in the first sentence, by striking
``Presidents-elect and Vice-Presidents-elect'' and inserting
``apparent successful candidates (as determined by section
3(c))'';
(4) in section 6--
(A) in subsection (a)--
(i) in paragraph (1)--
(I) by striking ``The President-elect and Vice-President-
elect'' and inserting ``Each apparent successful candidate
(as determined by section 3(c))''; and
(II) by striking ``the President-elect or Vice-President-
elect'' and inserting ``the apparent successful candidate'';
(ii) in paragraph (2), by striking ``The President-elect
and Vice-President-elect'' and inserting ``Each apparent
successful candidate''; and
(iii) in paragraph (3)(A), by striking ``inauguration of
the President-elect as President and the Vice-President-elect
as Vice President'' and inserting ``inauguration of the
apparent successful candidate for the office of President as
President and the apparent successful candidate for the
office of Vice-President as Vice President'';
(B) in subsection (b)(1)--
(i) in the matter preceding subparagraph (A), by striking
``The President-elect and Vice-President-elect'' and
inserting ``Each apparent successful candidate''; and
(ii) in subparagraph (A), by striking ``the President-elect
or Vice-President-elect's'' and inserting ``the apparent
successful candidate's''; and
(C) in subsection (c), by striking ``The President-elect
and Vice-President-elect'' and inserting ``Each apparent
successful candidate''; and
(5) in section 7(a)(1), by striking ``the President-elect
and Vice President-elect'' and inserting ``the apparent
successful candidates''.
______